French v. Commonwealth
Court of Appeals of Kentucky
Case 10 — INDICTMENT APPEAL PROM ¿EPPERSON CIRCUIT COURT, CRIMINAL DIVISION. 1. The affidavit of a juror is not admissible for the purpose of purging his conduct of the imputation of impropriety. Taylor v. Geiger, Hardin, 558; People v. Hunt, 5 Cal., 275; Ogden v. State, 26 Miss., 78; Wharton’s Crim. Law, sec. 3328. 2 On the trial of offenses which are or may be punished capitally, the jurors after they are accepted shall not be permitted to sepa-^ rate.
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Case 10 — INDICTMENT APPEAL PROM ¿EPPERSON CIRCUIT COURT, CRIMINAL DIVISION. 1. The affidavit of a juror is not admissible for the purpose of purging his conduct of the imputation of impropriety. Taylor v. Geiger, Hardin, 558; People v. Hunt, 5 Cal., 275; Ogden v. State, 26 Miss., 78; Wharton’s Crim. Law, sec. 3328. 2 On the trial of offenses which are or may be punished capitally, the jurors after they are accepted shall not be permitted to sepa-^ rate. Sections 244, 247 and 251, Criminal Code of Practice; State v. Murray, 91 Mo., 95; Woods v. State, 53 Miss., 368; Pfeiffer v. •Com., 15…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court;
While the accused was on trial for murder, and after the final submission of the case to the jury, one of the jurors was allowed, under the verbal assent of the trial judge and in company with a deputy sheriff, to go to his place of business, some blocks away, in the city of Louisville, for the purpose of closing his house. The other eleven were taken to their hotel, to which place in some twenty minutes the deputy and the juror returned, having gone in the meantime to the juror’s house and also to the “Pendennis Club.”
Upon ascertaining these…
2Cited by9 opinions
- Wynn v. CommonwealthCourt of Appeals of Kentucky · 1920
- Campbell v. CommonwealthCourt of Appeals of Kentucky · 1915
- Shackelford v. CommonwealthCourt of Appeals of Kentucky · 1919
- Johnson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1949
- Adams v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1949
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